what is a complaint

Originally posted by : Vidhu Kumar
	what is a complaint

Hello,

In Civil Law, a “complaint” is the very first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to restore justice.

A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.

Traditionally, in accord with federal courts' system of notice pleading, complaints (like other pleadings) did not need to be very specific, and did not need to specify the facts the plaintiff intends to prove. The Supreme Court introduced a heightened standard for complaints in 2007 with the case Bell Atlantic v. Twombly. This case requires that a complaint must allege "enough facts to state a claim to relief that is plausible on its face."

A complaint is a very common type of formal statement (called a pleading) that notes the details and causes for someone taking legal action against another party. In order for a complaint to to be valid and accepted by a court, specific rules must be followed.

The following elements of a complaint should be included and considered required for most lawsuits:

1. Statement of Facts: a detailed explanation of the facts of the case
2. Parties: Who is being sued by whom? Lists the plaintiff and defendant
3. Causes of Action: This should list the claims and allegations the plaintiff is making against the defense
4. Jurisdiction: You must demonstrate why a certain court has the power to hear and decide on your case
5. Venue: This will explain why you are choosing to sue in a particular county or district
6. Claim for Relief: Your complaint must outline the specific actions and / or compensation you are requesting that the court makes a final judgment upon

I hope this has been helpful and has answered your query!

Regards,

Ish*ta Desai

Law Student

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